Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.
Who can dispute a Will?
The Succession Act 2006 (NSW) is the piece if legislation that deals fundamentally with the affairs of an individual surrounding the act of succession, that is passing of property to another.
Can your former partner take your inheritance?
Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.
Can handwritten notes on a Will be valid?
The recent decision of Estate of the late James Sundell [2019] NSWSC 1108 highlights the issues and complexities that surround making handwritten amendments to a Will after it has already been signed.
When a Will is made in suspicious circumstances
If you are concerned that a Will was signed in suspicious conditions, you are able to challenge it. The NSW Court of Appeal in its recent decision of Mekhail v Hana; Mekail v Hana [1] had reason to consider this question and identified the major legal principles to be considered for a suspicious Will.
Succession Planning and Company Constitutions
There is much more to succession planning than simply putting in place a generic Will, and a Power of Attorney and Guardianship appointment document.
What to do when an Executor puts the Estate in jeopardy
The sense of loss and grief after losing a loved one is heightened when the Executor seems to be unwilling or is unable to process the Will by applying for the grant of probate. A delay can see the assets devaluing.
4 Benefits of a Testamentary Trust Will
A Testamentary Trust Will is used to give a legacy to one or more beneficiaries by utilising a trust for each beneficiary.
Why you need to update your will when you have separated
There are key events for which people should immediately update their estate planning documents, such as a marriage, a death of a spouse, a breakdown of a marriage or a birth of a child. Without updating your will with these changes, they will not be considered when your will is executed.